- (1.) Heard Sri Piyush Tripathi, learned counsel for the petitioner - Union of India and others.
(2.) On 01.08.2019, this Court passed the following orders:- "1. Heard Sri Piyush Tripathi, learned counsel for the petitioners. 2. This petition has been filed praying to set aside the order dated 02.09.2015 in SCC Suit No.02 of 1989 (Khadima Begum Vs. Union Of India and others) allowing the Substitution Application 198 Ka and the order dated 27.02.2019 in SCC Revision No.95 of 2018 (Union Of India and others Vs. Smt. Khadima Begum and others) passed by District Judge, Basti, dismissing the revision filed by the defendants-petitioners. 3. Briefly stated facts of the present case are that the plaintiff - Khadima Begum filed a rent case no.02 of 1989 in the capacity as Mutawalli of Waqf on 25.07.1989 in the Court of Civil Judge, Basti, for eviction of the defendants - petitioners and recovery of rent. At the time she was aged about 85 years. After her death one Sri Abdul Wahid Siddiqui was substituted as Mutawalli. After the death of aforesaid Abdul Wahid Siddiqui, a substitution application being paper No.191 Ka was filed to substitute the Naib Mutawalli/Principal Khair Inter College, Basti. From the impugned orders, it appears that in the mean time a Civil Misc Writ Petition No.15263 of 2013 (Kitab Ullah Vs.U.P. Sunni Central Waqf Board And Others) was filed and an order dated 02.04.2013 was passed and pursuant thereto the U.P. Sunni Central Wakf Board passed an order dated 23.03.2015, rejecting the application of the aforesaid Kitab Ullah and appointed Hamid Ullah son of Hafizullah Khan as Mutawalli of Waqf Alal Khair, Waqf No.38 for three years by order dated 14.04.2015. 4. On these facts the plaintiff-respondent no.1/2 filed a substitution application no.198 Ka which was allowed by the court of Civil Judge (S.D.), Basti by the impugned order dated 02.09.2015 and he was directed to be substituted as plaintiff no.1/2. Against this order the defendants-petitioners filed a Civil Revision No.95 of 2018 (Union Of India and others Vs. Smt. Khadima Begum and others) which has been dismissed by the impugned order dated 27.02.2019, passed by the District Judge, Basti. Aggrieved with these two orders, the defendants-petitioners have filed the present petition under Article 227 of the Constitution of India. Alongwith this petition the defendants-petitioners have deliberately not filed copy of the order dated 02.09.2013 in Civil Misc. Writ Petition No.15263 of 2013 and the order of U.P. Sunni Central Waqf Board, appointing the plaintiff-respondent no.1/2 as Mutawalli of the Waqf. 5. Learned counsel for the petitioners submits as under:- (i) Before appointing the plaintiff-respondent no.1/2 as Mutawalli of the Waqf, no person was appointed as Mutawalli by the U.P. Sunni Central Waqf board for about 15 years and as such the appointment of the plaintiff - respondent no.1/2 as Mutawalli was illegal. (ii) After the death of the earlier Mutawalli, Sri A.W. Siddiqui, two members, namely, late Mustaq Ahmad and Kitab Ulla were performing the work of Manager of Khair Girls Inter College but they never claimed as Mutawalli. (iii) The plaintiff-respondent no.1/2 was illegally appointed as Mutawalli by the U.P. Sunni Central Waqf Board inasmuch as the Waqf deed provides for the District Judge to be Mutawalli and as per second deed Manager of the Khair Girls Inter College would be Mutawalli. The plaintiff - respondent no. 1/2 is not the Manager of the Khair Girls Inter College and, therefore, he could not have been appointed as Mutawalli by the U.P. Sunni Central Waqf Board. (iv) The plaintiff-respondent no.1/2 was appointed Mutawalli for a period of three years, therefore, his term as Mutawalli had expired in the year 2018. 6. No other argument has been made before this Court. 7. This Court asked the learned counsel for the defendants-petitioners to show the copy of the Wakf deed and the order of the U.P. Sunni Central Waqf Board appointing the plaintiff - respondent no.1/2 as Mutawalli for three years but he states that he does not have these papers. 8. I have carefully considered the submissions of learned counsels for the defendants-petitioners. 9. The present petition arises from the order allowing the substitution application. Neither title of the tenanted building is in question before the court below nor the impugned orders touches the question of title of the disputed building nor it touches the validity of appointment of Mutawalli by the U.P. Sunni Central Waqf Board. No material has been brought on record that the order of the U.P. Sunni Central Waqf Board appointing the plaintiff-respondent no.1/2 as Mutawalli of the Waqf in question has either been challenged before a competent court or authority nor any material has been brought on record that it has been either set aside, modified or recalled. 10. Prima facie, this petition filed by the Union of India appears to be a frivolous petition. It is continuing the litigation in a rent matter from more than 30 years. Even the substitution application has been litigated for more than four years and the order passed on the substitution application is under challenge in the present petition. The defendants - petitioners have not even adhered the National Litigation Policy. In Dnyandeo Sabaji Naik and Anr. Vs. Pradnya Prakash Khadekar and Ors. 2017 (5) SCC 496 (paras 9 to 14), Hon'ble Supreme Court has held that filing of frivolous petition to delay disposal of the cases must be discouraged and exemplary cost should be imposed. Therefore, this Court proposed to impose exemplary cost for filing this frivolous petition. Learned counsel for the petitioner prays for three days' time to make his submissions on the point of imposition of exemplary cost. 11. As prayed, put up as a fresh case on 05.08.2019."
(3.) For the reasons mentioned in the aforequoted order dated 01.08.2019, this petition is dismissed and it is held to be a frivolous petition filed by the Union of India.;